Md. Code Regs. 13A.06.07.07

Current through Register Vol. 51, No. 9, May 3, 2024

Section 13A.06.07.07 - School Vehicle Driver and Trainee Disqualifying Conditions and Termination

A. A school vehicle driver or trainee who does not meet the qualifications of the evaluation under Regulation .06C of this chapter may be disqualified from driving a school vehicle at the discretion of the supervisor of transportation, unless the supervisor of transportation determines that retraining, instruction, or both, are satisfactorily completed.

B. Disqualification for Driving Record.

(1) Except as set forth in §B(2) of this regulation, a school vehicle driver or trainee shall be disqualified from driving a school vehicle if the driving record shows three current points.

(2) If a school vehicle driver has three current points while employed as a school vehicle driver and the supervisor of transportation wishes to retain the individual as a school vehicle driver, the supervisor of transportation shall place a letter in the driver's individual personnel file listing sufficient reasons for continued qualification of the driver as a school vehicle driver.

(3) If a school vehicle driver or trainee has more than three current points, the driver may not operate a school vehicle.

C. Disqualification for Criminal Conduct.

(1) A local school system shall disqualify an individual school vehicle driver or trainee from operating a school vehicle if the individual:

(a) Has been convicted of a crime or if criminal charges are pending against the individual for a crime involving:

(i) Child abuse or neglect;

(ii) Contributing to the delinquency of a minor;

(iii) Moral turpitude, if the offense bears directly on the individual's fitness to transport minors;

(iv) An alcohol or controlled substances offense defined in federal or State law, unless the supervisor of transportation determines and reports the determination in writing, to the Department's Office of Student Transportation, that the permanent disqualification should not apply because mitigating circumstances exist;

(v) A crime of violence as set forth in Criminal Law Article, § 14-101, Annotated Code of Maryland;

(vi) Any action that may endanger the safety of students being transported;

(vii) Driving a school vehicle or school charter vehicle while under the influence of a controlled substance, or while impaired or under the influence of alcohol; or

(viii) Driving a vehicle other than a school vehicle or school charter vehicle while under the influence of a controlled substance, or while impaired or under the influence of alcohol; or

(b) Has a criminal history, including second degree assault, which in the opinion of the supervisor of transportation, makes the individual unfit for employment. Evidence of second degree assault is not deemed to be an automatic reason for disqualification.

(2) A school vehicle driver or trainee who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of an offense listed in §C(1)(a)(i)-(vii) of this regulation is permanently disqualified from operating a school vehicle in Maryland, except as provided in §C(1)(a)(iv) of this regulation.

(3) A school vehicle driver or trainee who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of an offense listed in §C(1)(a)(viii) of this regulation is disqualified from operating a school vehicle for a minimum of 10 years from the date of the action.

(4) A school vehicle driver or trainee who engages in conduct prohibited under Regulation .11B(2) of this chapter is disqualified from operating a school vehicle in Maryland, except as provided under Regulation .11D of this chapter.

D. Disqualification for Unsafe Actions. Any unsafe action may lead to disqualification and termination of a school vehicle driver or trainee by the supervisor of transportation.

E. Disqualification for Accidents.

(1) The school vehicle driver or trainee shall report to the supervisor of transportation a school vehicle accident involving personal injury or property damage as soon as practicable after the accident.

(2) A school vehicle driver or trainee who fails to report an accident as soon as practicable following the accident is disqualified from operating a school vehicle. The duration of the disqualification is at the discretion of the supervisor of transportation.

(3) An accident involving an incapacitating or fatal injury, or appreciable damage shall be reviewed by the local transportation staff.

(4) A driver who has a preventable accident involving personal injury or appreciable damage shall:

(a) Have a conference with the supervisor of transportation; and

(b) Attend appropriate classroom instruction if directed to do so by the supervisor of transportation.

(5) A school vehicle driver or trainee who has had two preventable accidents involving personal injury or appreciable damage in a 24-month period may not operate a school vehicle in any local school system for a period of 5 years from the date of the last accident, unless the supervisor of transportation places a letter in the driver's personnel file documenting sufficient reasons to retain the individual as a qualified school vehicle driver.

(6) A school vehicle driver or trainee who has more than two preventable accidents involving personal injury or appreciable damage in any 24-month period is permanently disqualified from operating a school vehicle in Maryland.

F. Disqualified Driver Database.

(1) The Department's Office of Pupil Transportation shall maintain a confidential computer database of school vehicle drivers or trainees who have been disqualified by a local school system under §§B-E of this regulation or for any other reason.

(2) The supervisor of transportation shall notify the Department's Office of Pupil Transportation of a school vehicle driver's or trainee's disqualification within 30 days of the school vehicle driver's or trainee's receipt of notification of the disqualification.

(3) The notification to the Department's Office of Pupil Transportation shall be in the format prescribed by the Department.

(4) On the first business day of each month, the supervisor of transportation shall submit to the Department's Office of Pupil Transportation a current list of active school vehicle drivers. The list shall be in an electronic format prescribed by the Department.

(5) Within the first 4 business days after receipt of the current list of active school vehicle drivers, the Department's Office of Pupil Transportation shall match that list with the Department's confidential computer database established under this regulation and immediately notify the supervisor of transportation if an active school vehicle driver or trainee is listed on the Department's computer database. The supervisor of transportation shall respond in writing to the Department verifying receipt of notification and advise their next appropriate action.

Md. Code Regs. 13A.06.07.07

Regulations .07 adopted effective August 31, 1992 (19:17 Md. R. 1608)
Regulations .07 adopted effective October 1, 2001 (28:19 Md. R. 1686); amended effective 45:26 Md. R. 1248, eff. 12/31/2018; amended effective 49:4 Md. R. 301, eff. 2/21/2022; amended effective 50:14 Md. R. 594, eff. 7/24/2023